In what circumstances is it possible for a court to award exemplary damages in tort?

I. Introduction Exemplary damages, also known as retributive damages, ar disposed(p) in some tort cases to express the courts disfavor of what the suspect has done . The tenets of emblematic damages in tort laws be laid out in the decision of the syndicate of master key in Rookes v Barnard . In that case, churchman Devlin classified the cases in which the plaintiff is entitled to claim dissuasive damages into collar categories, namely: (1)oppressive arbitrary or unconstitutional bring through by the servants of the placement , (2)the defendants leave has been calculated by him to constitute a profit for himself which whitethorn well exceed the earnings payable to the plaintiff , (3)where emblematical damages be expressly authorised by statute. compensate though Lord Devlins restriction was jilted in many another(prenominal) common law jurisdictions such as Canada and New Zealand , the Hong Kong courts total strictly with the restriction. II. Category One Few cases in Hong Kong ar brought within this category. Pham Van Ngo & Others v A-G was correctly the only case in Hong Kong which warning(a) damages are sought under the first category. A group of Vietnamese boat people came to Hong Kong for assistance. Though they expressed they would like to circularise on their journey to Japan to seek refugee status, their vessel was done for(p) and they were subsequently detained by the Hong Kong government.

They sued the government for false imprisonment. The plaintiffs claim of emblematic damages failed but they were awarded compensation to their destroy vassal. Chan J govern that the governments conduct was no! t deliberate, reckless or monstrous . Although exemplary damages were not awarded, Patrick Chan J confirmed the Rookes v Barnard dominion is applicable in Hong Kong. The government of Hong Kong will be held unresistant for exemplary damages if governmental department act deliberately, If you unavoidableness to film a full essay, order it on our website: OrderCustomPaper.com

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